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District Court 25 November 2013

R v Woodward

[2013] NSWDC 264

HomicideTraffic & driving
CRIMINAL LAW SENTENCE DANGEROUS DRIVING CAUSING DEATH PROVISIONAL LICENCE SPEEDING

Citation: R v Woodward [2013] NSWDC 264
Court: District Court of New South Wales
Date: 25 November 2013
Judge(s): Berman SC DCJ

Background

The offender, Tony Woodward, was a provisional licence holder who drove while intoxicated and caused the death of his passenger, Sam Gunn. As a provisional licence holder, the offender was required to maintain a zero blood alcohol level, but he drove after a substantial period of drinking, exceeding that limit.

While driving with the victim as a passenger, the offender came up behind a vehicle travelling at the 90 km/h speed limit. Rather than following at that speed, he overtook by crossing unbroken lines near the crest of a hill, travelling at a speed considerably in excess of 90 km/h. He lost control of the vehicle moments later. The car spun and the passenger side struck a tree, killing Sam Gunn.

The matter came before the District Court for sentencing. Victim impact statements from the deceased's family were read before the court, and the offender expressed remorse. His counsel conceded there were no special circumstances warranting a departure from the standard non-parole period.

  • What sentence was appropriate for an offence of dangerous driving causing death, taking into account the gravity of the conduct, the offender's moral culpability, and the relevant guideline judgments?
  • Whether the hardship to the offender's family constituted special or exceptional circumstances relevant to sentence.
  • Whether a period of licence disqualification should be imposed, and if so, for how long.

Decision

Berman SC DCJ characterised the offending as falling at the serious end of the spectrum. His Honour observed that the offender's driving was "an accident waiting to happen," a description he found apt given the combination of intoxication, speeding, overtaking across unbroken lines, and approaching the crest of a hill. The court found that the risk of death or serious injury was very high, making the offender's moral culpability correspondingly high.

His Honour acknowledged the offender's remorse but noted it was belated, given that a moment's reflection before overtaking should have revealed the conduct was both dangerous and criminal. The court found that the offender's background, including a history of heavy drinking and his receipt of a disability support pension since 2005, provided limited mitigation. His close relationship with his partner and three children was noted, but the court found the consequent hardship to his family was not exceptional and did not warrant any special departure in sentencing.

General deterrence featured prominently in the court's reasoning. His Honour emphasised the importance of imposing significant and even harsh sentences in cases of this kind, both to reflect the gravity of the offending and to deter others from driving while intoxicated and in flagrant disregard of road rules. Guideline judgments were taken into account as guides, consistent with established sentencing principles.

Orders Made

  • The offender was sentenced to a term of imprisonment with a non-parole period of four and a half years, commencing 25 November 2013 and expiring 24 May 2018, at which point the offender becomes eligible for release on parole.
  • The head sentence was set at six years.
  • The offender was disqualified from driving for five years.
  • Related matters on the section 166 certificate were withdrawn and dismissed.

Key Takeaways

  • The District Court treated the combination of intoxication, provisional licence status, excessive speed, and overtaking across unbroken lines near a crest as indicative of very high moral culpability in a dangerous driving causing death case.
  • A provisional licence holder's obligation to maintain a zero blood alcohol level was treated as a further aggravating feature, representing an additional road rule disregarded before the fatal conduct.
  • Hardship to an offender's children and partner, while acknowledged, will not ordinarily constitute exceptional circumstances sufficient to reduce an otherwise appropriate sentence, particularly where such hardship is described by the court as commonplace.
  • General deterrence carries significant weight in sentencing for dangerous driving causing death involving ongoing illegal behaviour, as distinct from cases arising from momentary inattention.
  • Guideline judgments in dangerous driving causing death matters operate as guides rather than fixed prescriptions, and sentencing courts retain the obligation to assess the specific facts and moral culpability of the individual case.

Legislation and Cases Referenced

Legislation:
- No specific legislation was cited in the text provided.

Cases:
- No specific cases were cited in the text provided. The court referred generally to guideline judgments concerning sentencing for dangerous driving causing death offences and to "well known authorities" regarding victim impact statements, without identifying them by name.